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CERTIFICATE OF SALE
STATE OF VVYOMING ) 9
)ss.
COUNTY OF LINCOLN )
RECEIVED
.LINCOLN COUNTY CLERK
Lee Ga'dner of lawful age, being first duly sworn upon his oath,
states and certifies as'follows:
1. That he is the duly elected and acting Sheriff in and for
Lincoln County, State of Wyoming, and makes this Certificate of Sale in his
capacity as such.
2. That a default has occurred under the terms of (a) that
certain promissory nbte dated October 20, 1997, executed and delivered by
James T. Spigarelli aad Jimmie Ann Spigarelli, husband and wife to Wells Fargo
Home Mortgage, Inc..f/k/a Norwest Mortgage, Inc and (b) that certain mortgage
dated October 20, 1997 (the "Mort.qa.qe"), securing said note, which Mortgage
was executed and de'livered by said mortgagor(s), to said mortgagee, and was
recorded on OctoberLr20, 1997, as/in Book 403PR at Page 54, in the records of
the office of the Courhy Clerk and ex-officio Register of Deeds in and for Lincoln
County, State of WyOming, and which Mortgage covers that certain real property
described below, as follows, to-wit:
Lot 9 of [3lock 5 of the Lincoln Heights 3rd Subdivision
to the -[own of Kemmerer, Lincoln County, Wyoming
as desc:-'ibed on the official plat thereof
with an ~ddress of
1324 6th West Avenue, Kemmerer, WY 83101
Together with all improvements thereon situate and
all fixtur,.:~s and appurtenances thereto.
3. That no suit or proceeding has been instituted at law to
recover the debt secured by the Mortgage, or any part thereOf.
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, Wells Fargo Home Mortgage,
Inc. ("Mortgagee") elected to foreclose the same and at the request and direction
of Mortgagee a written notice of the intention to foreclose the Mortgage was
served upon the record owner and the party in possession of said real property at
least ten (10) days prior to commencement of the first publication of the
foreclosure sale notice, as shown by the affidavit attached hereto as Exhibit A
and by this reference'made a part hereof.
5. That Mortgagee has caused publication to be made of a
notice of forecloSure sale in the Kemmerer Gazette, a newspaper published and
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the May 20, 2004 issue of said
newspaper and ending with the June 10, 2004 issue thereof; that said notice did
comply in. all respects with the requirements of the statutes relatina to
foreclosures of mort.cages by advertisement and sale; and that a copy of~said
notice and the publis'"~er's affidavit of publication thereof are attached hereto as
Exhibit B and by this '-eference made a part hereof.
6. 'f~hat on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On June 15 2004 at 10:00 o'clock in the
forenoon, at the froht door of the Lincoln County Courthouse in the City of
Kemmerer, Lincoln Cc:unty, State of Wyoming, the undersigned proceeded to sell
the above-described real property at public auction in accordance with the notice
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Ce rtificate of Sale
Spigarelli 21309-1192 [04-5874F]
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of foreclosure sale by then and there calling for bids on said real property; and
that the highest and best sum bid for said real property was the sum of
$ 90.349,83 ("Bid Sum"), which was bid and offered by Wells
Fargo Home Mortgage, Inc. ("Successful Bidder") and that after soliciting and
calling for other ant higher bids therefor, and receiving none from those
attending upon the .~.ale, said real property was struck off and sold by the
undersigned to the Successful Bidder for the Bid Sum; and that the Bid Sum was
thereupon paid and the sale of said real property was then and there completed
as by law provided.
7. That the sum of $500.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Mortgagee as compensation for services actually
rendered in the forecl.~sure proceeding, said attorneys having made an affidavit
as required by the stai:utes of the State of Wyoming, a copy of said affidavit being
attached hereto as Exhibit C, and by this reference made a part hereof.
8. That the sale of the above-described real property was made
in full compliance with the provisions of the Mortgage thereby foreclosed and was
in all respects conducted in conformity with the requirements of the Wyoming
Statutes.
9, That said Successful Bidder shall be entitled to a deed to the
above-described real property, together with all improvements thereon situate
and all fixtures and appurtenances thereto, at and upon expiration of three (3)
months and thirty (30'~ days from and after June 15, 2004, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
DATED at Kemmerer, Lincoln County, State of Wyoming, this
15THday of JU~:fE , 2004.
By:
Print Name: .~.,~
Title: .///~_,~,,.~//
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
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0900~
. ~.. 8 4 7
ACKNOWLEDGMENT
STATE OF WYOMINi3 )
)SS.
COUNTY OF LINCOLN )
The for:;going instrument was subscribed in my presence and
acknowledged befO/'e me by SHAWN W~rTMOR~.
Deputy Sheriff of Lincoln County, State of Wyoming, this 15TH day of
3UNE , 2004.
Witness my hand and official seal.
My Commission Expires:
:
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848
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING: )
)SS.
COUNTY OF NATRONA )
P. Jaye Rippley of lawful age, being first duly sworn upon her oath,
deposes and says:
1. That she is an attorney admitted generally to practice law in
the State of Wyoming s,.nd is a member of the law firm of Brown, Drew & Massey,
LLP, who are the at!orneys representing the Modgagee in a procedure to
foreclose a certain ?eal estate mortgage dated October 20, 1997 (the
"Mort¢laqe"), and recorded on October 20, 1997 as/in Book 403PR at Page 54 in
the records of the offic'e of the County Clerk and ex-officio Register of Deeds in
and for Lincoln County, State of Wyoming, wherein James T. Spigarelli and
Jimmie Ann Spigare'lli, husband and wife ("Mortgagor(s)"), the named
mortgagor(s), and Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc.
is the named mortgagee; by advertisement and sale as provided under the
provisions of Wyo. S'at. §§ 34-4-101, et seq. (1999). The Mortgage was
foreclosed by reason ,of default having occurred under the terms of the note
secured thereby.
2. That written notice of intent to foreclose the Mortgage by
advertisement and sal(~ has been served upon the record owner and the person
in possession by certified mail, return receipt requested, mailed to the last known
address of the record owner and the person in possession at least ten (10) days
before commencement of the first publication of the notice of the foreclosure sale
as follows:
CERTIFIED MAIL NO. 7003 31'10 0006 0001 5513
James T. Spigarelli
1324 6th West Avenue'
Kemmerer, WY 83101
CERTIFIED MAIL NO. 7003 3110 0006 0001 5506
Jimmie Ann Spigarelli
1324 6th West Avenue
Kemmerer, WY 83101
CERTIFIED MAIL NO. 7003 3110 0006 0001 5490
Occupant
1324 6th West Avenue
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was May~ 7, 2004 and the date of the first publication of the notice
of foreclosure sale was May 20, 2004.
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, 8/J9
FURTHER AFFIANT SAYETH NAUGHT.
U P.0a~;e I~(p~) TM
of Brown, Drew & Mas~-.e'y, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Rippley this
Sub.s. cril:ed jr~ my presence and sworn to before me by P. Jaye
,~¢'~ay':of (--4~t'_ ] ~' , 2004.
Witness my hand and official sea..
Notary Public /
My Commission Expi:es:
IBARBARA A. RA,~MUSSEN-NOTAR¥ PUBLIC
co-my of t*~ s~'t~ of
Natrona ~' WY~,mlng
M~ Cemmlaalon Expires Jant~ar~ ~, 2608,
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0 001 5
EXHIBIT B
PUBLISHER'S AFFIDAVIT
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln : }
Roger Capellen first duly sworn deposes and says that he/she is an employee of the
KEMMERER GAZETTE,'. a newspaper of general circulation, published at Kemmerer,
Lincoln County, in the State of Wyoming.
That the notice, a true cop) of which is hereto attached was published on the c~O''z4
day of ./27~. ,20 o ~ and was published in each sUcceeding week until the
.,/d¢y2 day of_,.~._.-~,_ ,20 D~/ being a period of
successive week(s). That sam newspaper is published week on Thursday of each week.
Subscribed and sworn to b~fore me, the /'.~'day of
2O
Notary Public, Lincoln County, Wyoming
My Commission Expires on
May 11, 2007
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
851
STATE OF VVYOMING )
)SS.
COUNTY OF NATRONA )
P, Jaye Rippley, of lawful age, being first duly sworn upon her oath,
deposes and says:
1. That she is a resident attorney admitted generally to practice
law in the State of Wyoming and is a member of the law firm of Brown, Drew &
Massey, LLP, who are the attorneys representing the Mortgagee in a procedure
to foreclose a certain real estate mortgage.
2. T.Bat Brown, Drew & Massey, LLP, as attorneys for the
Mortgagee will charge, the Mortgagee fees totaling $500.00 as compensation for
services actually rendered in the foreclosure proceeding.
3. That the above-mentioned fee for services rendered and
incurred in connectioq with the foreclosure sale shall be retained entirely by the
law firm of Brown, Drew & Massey, LLP. There is no agreement, express or
implied, between su:h attorneys and their client, nor between such attorneys
and any other person not a practicing attorney of the State of Wyoming engaged
with them as an attdrney in this foreclosure proceeding, for any sharing or
division of said fee to be added to the debt involved, and said fee when so added
to the debt involved shall be only as compensation for services actually rendered
in the foreclosure pr¢ceeding by an attorney admitted to practice in the State of
Wyoming and residing therein.
FURTH~_;R AFFIANT SAYETH NAUGHT.
of Brown, Drew & MA,~ey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed~ my presence and sworn to before me by P. Jaye Rippley
this /'/ daY of_~/.~,~_.~.. ,2004.
~'/itness my hand and official seal.
/Notary Public '
My Commission Expires:
L
BARBARA A. RASMU~<~EN-NOTARY '>UBLIC 1
County of ~ Statu of
Natrona ~' Wyor?ing
My Corem, I~alon ExpIre~ JanLlar~ 23 ~008
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